Del Boy

Decision made to return to Uk early next year. There is obviously heaps to organise in the meantime. For myself (brit by birth), I am in the process of getting aussie citizenship after being here for 19 years ! British passport will need renewing in due course. No worries there, it hopefully only takes a couple of weeks.

My partner is aussie born of British born parents, so she should be eligible for a British Passport.

Question is what about the kids? Does anyone know if I am right in thinking along the following lines....

British citizenship can only be passed automatically to the children via the male line provided the parents are married. We are not. But when we get married, this route can be followed.

If this is the case, how do we get them to UK whilst remaining in an unmarried state ? (other than by plane obviously ). None of the visa options that I have seen on the BHC website seem directly applicable. The closest option looks to be a certificate of entitlement to the right of abode in an aussie pasport ? Can anyone confirm this or offer a better option?

Registration as British Citizens would work, but takes 6 - 12 months and I've more than served my time !! Any help much appreciated. cheers.

Gibbo

All I did to get my 2 Australian boys British passports was to fill in the form and send it off. Why should it matter if your married? I expect your named as the father on their birth certificates. Don't stress fill in the forms!

saoghalbeag

I'm Australian, my ex is British. We never married and had a daughter. Apparently all we need to do is register her as a British citizen (which can be done from Australia) before she turns 18 and she's set.

They have made some changes to the rules recently whereby children of unmarried parents have access to similar/same citizenship rights as children of married couples.

Speak to your nearest British Consulate in Oz and they should be able to give you up to the minute advice! Good luck with the move!

JAJ

Processing time is actually 2 months.
http://www.ind.homeoffice.gov.uk/applying/nationality/

Adult registrations are taking 1.94 months currently. That's the figure that will apply to your children's applications - the figure for minor registrations is distorted by the fact that most are linked to a naturalisation application.

I don't know why the British High Commission is scaring people like this.

If you want to take them to the UK before processing is complete, they need child visas: http://www.ukvisas.gov.uk

Right of Abode is not possible for anyone born in 1983 or later who is not a British citizen.

JAJ

The change in the law on 1 July 2006 only affects children born on or after that date.

If child is born before then, and parents do not get married, then registration before age 18 is the ONLY way for them to get British citizenship.

The registration process is very straightforward.

Del Boy

Yeah. you'd think it would all be the same wouldn't you ? but the difference between legitimatacy and "illegitimacy" still seems crucial in this case". Not to worry, we'll get ém there by hook or by crook !

Del Boy

Thanks JAJ. useful, concise information...much appreciated

Del Boy

Thanks for that. Registration seems like the best option...and a mere $643.20 each :scared:

JAJ

The Home Office fee for child registration is GBP200:
http://www.ind.homeoffice.gov.uk/app...dance/feenotes

Taking the exchange rate to AUD, and adding the consular fee charged by the High Commission, must come to the $643 or so.

HOWEVER, the Home Office fee of GBP200 covers any number of children who are applying together. So you should only be charged this fee once. Clarify that with the British High Commission.

Del Boy

Sweet, Thanks for the clarification.

Del Boy

Just for clarification for anyone registering aussie born kids as British citizens in Australia, the BHC Canberra has confirmed that the $643.20 charge is PER CHILD :scared: as opposed to the fee in UK of $200.00 for any number of children on the application.

We'll just take them over on aussie passports and get them registered over there later and save half the cost, I think. If anyone can see any problem with that I'd appreciate a response.

Cheers, Del

JAJ

The British High Commission are wrong. Fees for nationality applications are the same no matter what. They can add a separate consular fee, but no more.

Go back to them and insist on speaking to a supervisor/manager.

The reference is in section 6 of the British Nationality (Fees) Regulations 2003:
http://www.opsi.gov.uk/si/si2003/20033157.htm

"6. - (1) Where an application for the registration of a minor as a British citizen, British overseas territories citizen, British Overseas citizen or British subject is made at the same time as an application under the same or any other provision of the 1981 Act or the 1997 Act for the registration of some other minor having the same parent, the total fee payable in respect of the applications shall be the same as that for a single application.

(incidentally, the rates themselves have changed since 2003, but not this clause)

If you want a second opinion, then ask on this forum which is dedicated to British nationality:
http://www.ukresident.com/forums/Bri...ion-f2411.html

If you want to take them to the UK to live before they get British citizenship, then they need child settlement visas in their passports before leaving Australia.
Start at http://www.ukvisas.gov.uk

There will be a charge for settlement visas.

JAJ

There is one advantage of doing things this way. If you register your children as British now under the concession for children of unmarried fathers, then because their mother is a British citizen (by descent) as well, they will be British citizens by descent and will be restricted under current law in passing on their citizenship to non-UK born children of their own.

On the other hand, should the whole family live in the UK for 3 years then the children could, if still under 18, be registered as British citizens under section 3(5) of the British Nationality Act. This would make them British citizens otherwise than by descent.

They would need settlement visas in their Australian passports, however. And you don't say how old the children are, but on 4 December 2006, character checking will be introduced for those aged 10 or over applying for registration as British citizens. Teenage brushes with the law might lead to citizenship being refused under these new rules.

Your choice on how to proceed.

If you get married before the children are registered as British, they normally become British automatically at that point (and "by descent" as they are born outside the UK). No need for registration in that case.

Del Boy

Many thanks JAJ, that further clarifies the matter. The kids are only 5 and 18 months so no problem with the 3 years required by the British Nationality Act.
Well worth thinking about, as they would then be able to pass on their British citizenship to their kids if they were ever to move back to the colonies. I'll see what the other half says about the no marriage for 3 years thing. Got to put the kids futures first.

JAJ

But if you choose this route, they do need residence visas in their Australian passports before they leave.

There is also a risk that even if you registered them under s3(5) they might then revert to being British "by descent" anyway because the British Nationality Act is badly worded (combination of s47(1) and s14(1)(c) of the Act). Probably not but the law here is a grey area and has not been tested so you never know.

If it's the right time to get married, the I don't think I would suggest you put it off for this reason.

I would only suggest the s3(5) option if it was not going to disrupt your lives any other way, and of course if you trust yourselves to make the application for the children in due course as opposed to "never getting around to it".